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2 Split Decisions in Consensus-Driven FTC Reflect Philosophy, Not Transition, Say Experts

Washington Internet Daily

23 Jan 2017

The FTC, which has often reached unanimity in its recent decisions, has been operating with two Democratic commissioners and one Republican since April. Only a few days prior to Trump's inauguration, however, the commission split 2 to 1 on enforcement actions which involved Qualcomm and Uber. While some consumer protection experts believed the partisan splits to be coincidences having nothing to do with the presidential transition, others stated that it was currently impossible to tell.

Julie O'Neill, Morrison & Foerster privacy and consumer protection lawyer and former FTC staff attorney, commented that her "sense is that the actions, taken together, may merely be coincidence -- the appointment of new Commissioners is probably not going to happen in the immediate term, and we don't really know how long it will be."

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